RPS promotion list quashed by RAT

Rajasthan Services Appellate Tribunal (RAT) today quashed the promotion list of super time scale of RPS officers for 2013 for selection in IPS cadre and directed the state government to reconvene the Departmental Promotion Committee (DPC) meeting within three months.
The order which was passed by a division bench of RAT comprising of Chairman B B Mohanty and Anil Kumar Jain was passed on an appeal filed by one Satish Kumar Khurana, a RPS official.
It was alleged by appellant Khurana that in making promotion to supertime scale on January 28 this year, the state government superseded him and promoted one Pramod Kumar Sharma and Om Prakash Sharma to the supertime scale.

Harsh Vardhan Nandwana, counsel for the appellant said, "The annual progress reports for year 1994-95 and 1996-97 were deliberately downgraded in violation of law as also the DPC was held in violation of guidelines issued by Department of Personal in 1998."
On the contrary, it was argued on behalf of state government that since the record of appellant was not so good, therefore, promotion to selection scale was not given to him in 2001-02 and subsequent promotions to the appellant Khurana were given in accordance as such there is nothing illegal and the appellant cannot challenge the adverse entries now.

Brushing aside the objections raised by state government in a detailed order, delivered by Mohanty, on behalf of the bench observed, "The appellant is not challenging the adverse entries rather his downgrading."

"The appellant was rated outstanding by his reporting officer and very good by his reviewing officer, therefore, downgrading by the accepting officer in a mechanical manner without recording reasoning cannot be sustained," the bench said.
It also remained a fact that all the adverse entries against the petitioner were already expunged by High Court in 1998, the tribunal said.
The bench held that petitioner Khurana was entitled for consideration for promotion to the post of supertime scale of RPS and quashed the seniority list of January 28 and review seniority list after review DPC dated February 11.

The tribunal also directed the state government to assign seniority to Satish Kumar Khurana above the two officials who superseded him and reconvene DPC in three months.